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This is a Labor Law question & I reside in N.Y.
Sent to Legal Experts December 04 02:40 PM

I own a residential cleaning company for 13 years in New York. I am finally getting around to writing my company handbook. I employ approx. 30 employees. When it comes to attendance I would like to word it this way in my handbook:
Each employee is expected to report to work each day that they are scheduled to work. Teresa's Family Cleaning does not differentiate between excused and unexcused absences. We consider any abscence in excess of 4 occurrences per six-month period to be excessive and it will result in termination of your job.
Any three consecutive days of absences for the same incident will count as one occurence of absence for attendance purposes.

My question is if I fire an employee in New York State, whether it is an excused or unexcused abscence (4 abscences in a 6 month period) will they be able to collect unemployment?

 

Customer (name blocked for privacy)
Status:  Closed   Value: $10
Answer
December 5 12:56 AM (10 hours and 16 minutes and 51 seconds later)
         
ACCEPTEDCheck Mark

Dear Teresea,

Thanks for your question.

In New york,

As long as they lose their jobs through no fault of thier own, or by mutual consent, they can draw unemployment. In some rare cases, depending on the cause, they may still get uneployment even if it is their fault...such in a situation of wrongful termination.

Any elgibility to benefits would be determined at the time benefits are applied for.

If they apply for benefits, and it is turned down, they are entitled to a hearing. This will cause you to have to go to the hearing and testify, taking valuable time away from your business.

 



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